Duale Aden Bare

Hon. Aden Duale (Garissa Township, JP) Thank you, Hon. Temporary Deputy Chairman. I beg to move: THAT, Clause 5 of the Bill be amended by inserting the following new subsection immediately after subsection (5) – (5A) A person who, immediately before the commencement of this Act, held the office of...

Hon. Aden Duale (Garissa Township, JP) Hon. Temporary Deputy Chairman, the gist of the matter is that we must state it in law that by transiting from the Kenya Revenue Authority to the Kenya Revenue Service, the current Commissioner-General and the board do not take it as a fresh start....

Hon. Aden Duale (Garissa Township, JP) This is the last day of the 12th Parliament and I want to close my parliamentary business with this amendment, so, it will go to vote. I want to ask those who are saying ‘only’ and ‘shall’ a very moral fundamental question. I am...

Hon. Aden Duale (Garissa Township, JP) On a point of order, Hon. Temporary Deputy Chairman. The Temporary Deputy Chairman (Hon. Christopher Omulele) : Just hold on, Leader of the Majority Party. Hon. Duale, what is out of order? Hon. Aden Duale (Garissa Township, JP) On a point of order, Hon....

Hon. Aden Duale (Garissa Township, JP) Hon. Temporary Deputy Speaker, I beg to Report that the Committee of the whole House has considered the Kenya Revenue Authority (Amendment) Bill (National Assembly Bill No.24 of 2022) and that pursuant to Standing Order No.140, the Bill has been withdrawn. The Temporary Deputy...

Hon. Aden Duale (Garissa Township, JP) Hon. Temporary Deputy Speaker, I thank the Chair of the Committee on Delegated Legislation not only on this matter but also on a number of Regulations. He has served the Committee diligently in terms of procedure. The essence of the formation of the Committee...

Hon. Aden Duale (Garissa Township, JP) Hon. Speaker, I second. I also urge the people of Kenya that on 9th August, 2022, they elect governors who will not steal their money. (Laughter)

Hon. Aden Duale (Garissa Town, JP) Hon. Speaker, I am happy that I followed the procedure. Today is the last day of the 12th Parliament but I have serious constitutional issues to raise on the Huduma Namba Bill, 2021. So, the Speaker of the 13th Parliament... (Hon. Amos Kimunya consulted...

Hon. Aden Duale (Garissa Township, JP) Thank you, Hon. Speaker. At the outset, I want to thank you for having worked with me in the 11th and 12th Parliament. I also want to thank the Clerk of the National Assembly, various directors in all our directorates, the able and competent...

Hon. Aden Duale (Garissa Township, JP) On a point of order, Hon. Deputy Chairman. Just like we deal with Bills at the Committee of the whole House, now that there are no amendments to these Standing Orders, why can you not read about five of them, then we put the...

Hon. Aden Duale (Garissa Township, JP) Okay, Hon. Deeputy Chairman. I forgot that the Committee has amendments. (Standing Order No.2 agreed to) Standing Order No.3

Hon. Aden Duale (Garissa Township, JP) Hon. Chairman, this is a very good amendment. The House must set the record straight and show an example. There are people in this country who always go to court. In the event one of them applies for the position of Speaker and they...

Hon. Aden Duale (Garissa Township, JP) Hon. Deputy Chairman, as the first occupant of this office for many years, the most important thing is the precedence set in Article 108, which is now allowing the Speaker to facilitate in line with other jurisdictions. We now have specific rooms for caucuses...

Hon. Aden Duale (Garissa Township, JP) Hon. Deputy Chairman, this is good for everybody. Just like the way we have the fair administrative justice and the procedure even for removing a Member from a committee, the leadership of this House should not be subjected to removal from office in funerals...

Hon. Aden Duale (Garissa Township) On a point of order, Hon. Deputy Chairman.

Hon. Aden Duale (Garissa Township, JP) Hon. Deputy Chairman, I think Hon. Nyamai is out of order and you must correct her. There is a tendency for some people to come to the House and contribute based on what other Members of Parliament have said. We have our own justification...

Hon. Aden Duale (Garissa Township, JP) Thank you, Hon. Deputy Chairman. I support even though this is very unlikely to happen. Kenya Kwanza will flood this House in the 13th Parliament In shaa Allah. This happened in another jurisdiction, I think in the second term of President Obama where he...

Hon. Aden Duale (Garissa Township, JP) Hon. Chairman, we are adopting the United States of America’s system, and we must totally agree that it is the same jurisdiction. Approval of USA’s ambassadors – forget about ministers – takes about six months. The nominee for Kenya was approved about three weeks...

Hon. Aden Duale (Garissa Township, JP) Hon. Deputy Chairman, I oppose the amendment because we abandoned analogue systems. I served in the 10th Parliament. You served in the 9th Parliament. If you allow people to rise in their places, you will have crowds. Let us use electronic method for interventions....

Hon. Aden Duale (Garissa Township, JP) Hon. Deputy Chairman, as I support, I think we should be very careful. We should not look like we are curtailing the freedom of the media. Our Standing Orders are drawn mainly from the Constitution and the statutes passed by this House. The only...

Hon. Aden Duale (Garissa Township, JP) Hon. Deputy Chairman, I had my own amendments but I forgot this bit. Anyone who was in the 12th Parliament and part of the 11th Parliament will agree that people do not declare their interests. People sit in a committee where a company where...

June 2, 2022 NATIONAL ASSEMBLY DEBATES 47

Hon. Aden Duale (Garissa Township, JP) Hon. Deputy Chairman, the Mover is not fair. I want him to explain properly. There is a lot in this. He is deleting the whole of section… Are we at Standing Order No.114A?

Hon. Aden Duale (Garissa Township, JP) Okay. I am sorry. (Question, that the words to be leftout be left out, put and agreed to) (Question, that the words to be inserted in place thereof be inserted, put and agreed to) (Question, that the words to be inserted be inserted, put...

Hon Aden Duale (Garissa Township, JP) Hon. Deputy Chairman, I thank the Chair. This is a very good amendment. It was only the Executive which was enjoying a lot of privilege from the Speaker in giving them the leeway. With this amendment, even an ordinary Member or a Committee or...

Hon. Aden Duale (Garissa Township, JP) We are just reinstating this matter. The Constitution is very clear under Article 110, only that the Senate was misbehaving as usual. The Attorney-General of the Republic of Kenya, as the chief legal advisor of the Government, when we were sending Bills through the...

Hon. Aden Duale (Garissa Township, JP) Hon. Deputy Chairman, I want to ask Hon. Cheboi if this amendment also affects Government Bills. I think the Leader of the Majority Party, in consultation with the Speaker, can withdraw a Government Bill. There is a likelihood we are forming the next government....

Hon. Aden Duale (Garissa Township, JP) Hon. Deputy Chairman, this is a very risky amendment. We can pass a Bill in this House and then the co-sponsor in the Senate is bought out or influenced by the people that the Bill touches. Let us not take that route. If you...

Hon. Aden Duale (Garissa Township, JP) The amendment says: “The Member in charge of the Bill shall within seven days notify the Speaker, in writing, of the name of any Member or Members of the Senate that the Member has nominated to co-sponsor the Bill in the Senate.” So, the...

Hon. Aden Duale (Garissa Township, JP) Hon. Deputy Chairman, you need to guide us here because you have given good guidance since 2013. I have no problem with this amendment but the Constitution talks about origination of Bills – specifically Bills which originate from this House, Bills which can originate...

Hon. Aden Duale (Garissa Township, JP) Hon. Deputy Chairman, you know amendments to the Standing Orders is a very important business. That is why you see the Hon. Speaker sitting in the Chair. Therefore, this amendment is very good. Moreover, you cannot be in the Committee that disciplines and is...

Hon. Aden Duale (Garissa Township, JP) Hon. Deputy Chairman, we need to reject this amendment because of two things. One, the House is composed of the Minority and the June 2, 2022 NATIONAL ASSEMBLY DEBATES 70 Hon. Aden Duale (Garissa Township, JP)Majority. So, there is no way we can amend...

Hon. Aden Duale (Garissa Township, JP) Hon. Deputy Chairman, you know I am not opposing. As our substantive Speaker, you need to guide us. Before the Constitution of 2010, we had the Westminster model of parliamentary system. This Constitution talks about the Minority and the Majority. The heads are the...

Hon. Aden Duale (Garissa Township, JP) Hon. Deputy Chairman, you know the people of Garissa are watching me and it is an election time. They might think I am dishonest. First, I want to confirm that was my proposal to the Committee but you know it is only a fool...

Hon. Aden Duale (Garissa Township, JP) Hon. Deputy Chairman, we must protect Chairs in the sense that even if they are removed, it must be through a fair and transparent system. When I was the Leader of the Majority Party, and you are aware because you were our Speaker, Chairs...

Hon. Aden Duale (Garissa Township, JP) Hon. Deputy Chairman, the Chairman needs to tell us the difference between the words “dissenting” and “opinion” in report writing. When a committee writes a report, the majority of Members give binding recommendations. They say that the House resolves something. An opinion cannot be...

Hon. Aden Duale (Garissa Township, JP) No. It cannot be an opinion. It is a dissenting minority report with evidence. Hon. Chair can explain. 'Dissenting' is a stronger word than 'opinion'. June 2, 2022 NATIONAL ASSEMBLY DEBATES 78

Hon. Aden Duale (Garissa Township, JP) Hon. Deputy Chairman, I support the amendment. There must be a serious threshold when it comes to Petitions. Sometimes it is not even frivolous people, but the agents of the State itself when they are not happy with a decision on independent institutions like...

Hon. Aden Duale (Garissa Township, JP) You are very right. I was wondering why the Chair was deleting paragraphs 4, 6 and 8. All these are debt management strategies. I am sure he is moving them to the Committee on Public Debt and Privatisation. The problem of debt, let us...

Hon. Aden Duale (Garissa Township, JP) Hon. Deputy Chairman, this is a very important amendment. If there is an Article of the Constitution that has been abused by the national government, more so the Cabinet Secretary for Treasury, it is Article 223. The amendment says for the Cabinet Secretary to...

Hon. Aden Duale (Garissa Township, JP) Hon. Deputy Chairman, the 12th Parliament is not doing very well in producing Hansard Reports. I am sure you were in the 9th and 10th Parliaments. When you spoke on the Floor of the House like today, Thursday, by Wednesday or June 2, 2022...

Hon. Aden Duale (Garissa Township, JP) This is a very good amendment. However, on matters of secrecy, I do not know whether we have done it. Like in other jurisdictions, there are certain committees of this House that have privileged confidential security information like the Departmental Committee on Defence and...

Hon. Aden Duale (Garissa Township, JP) Hon. Deputy Chairman, this is where reforms are made. I participated in revising the Standing Orders in the 10th Parliament, but this is more serious. The new Standing Orders allow Commissions and Independent Offices to answer questions. They also limit mandates of Committees. On...

Hon. Aden Duale (Garissa Township, JP) Hon. Temporary Deputy Chairman, we were friends. I thought you had assumed me today. You are one of the best friends whom I have in this House. (Laughter) Hon. Aden Duale (Garissa Township, JP) Hon. Ichung’wah has never had a heavy heart. Hon. Temporary...

Hon. Aden Duale (Garissa Township, JP) Hon. Temporary Deputy Chairman, I agree with and support the Chair. This is contrary to the Constitution. It is discriminatory. Why do you limit investments to Mombasa and Nairobi and not Kisumu, Nakuru or Naivasha? It is the contradiction from the National Treasury. We...

Hon. Aden Duale (Garissa Township, JP) Am I supposed to contribute or it is about my amendment? I have an amendment to Clause 21. The Temporary Deputy Chairman (Hon. Christopher Omulele) : If you wanted to contribute to the proposal by the Chair, you could. But I will also give...

Hon. Aden Duale (Garissa Township, JP) Hon. Temporary Deputy Chairman, I really thank the Chair for, at least, agreeing with me on Clause 21 (a) . I want my good friend, the next Governor for Mombasa, to listen to me. There are big terminologies used in this country to favour...

Hon. Aden Duale (Garissa Township, JP) Hon. Temporary Deputy Chairman, I beg to move: June 2, 2022 NATIONAL ASSEMBLY DEBATES 145 Hon. Aden Duale (Garissa Township, JP)THAT, the Bill be amended by deleting Clause 22 and substituting therefor with the following New Clause- Section 5 of the VAT Act, 2013...

Hon. Aden Duale (Garissa Township, JP) Hon. Temporary Deputy Chairman, I go by your direction. I thank the Chair. When I read the Committee’s Report, I thought the Chair was hoodwinking me and hoodwinking the House that she will allow this Government, which has two months to go, to tax...

Hon. Aden Duale (Garissa Township, JP) Hon. Kimani.

Hon. Aden Duale (Garissa Township, JP) The Chairlady has taken care of my amendment. I trust you, but you are in partnership with my old friends - people of deceit and conmanship. I thought they would infect you. But you have lived to your word as Gladys Wanga, not as...

Hon. Aden Duale (Garissa Township, JP) Hon. Temporary Deputy Chairman, I agree with the Chairlady. The proposal to deposit 50 per cent of disputed taxes before a hearing is illegal and unconstitutional. I am sure if we passed it, the courts would have nullified it. We are protecting the constitutional...

Hon. Aden Duale (Garissa Township, JP) On a point of order, Hon. Temporary Deputy Chairman. The Temporary Deputy Chairman (Hon. Christopher Omulele) : What is out of order, Hon. Duale? Hon. Aden Duale (Garissa Township, JP) Is there music here? Do you hear a sound? The Temporary Deputy Chairman (Hon....

Hon. Aden Duale (Garissa Township, JP) Hon. Temporary Deputy Speaker, what Hon. Martin said is true. If you want to increase revenue in any country, you expand the tax base. You create a business environment. That is what the Kenya Kwanza team calls bottom-up. You empower the people at the...

Hon. Aden Duale (Garissa Township, JP) What am I supposed to do? Am I supposed to move my amendment? It is not yet time to do so. The Temporary Deputy Chairman (Hon. Christopher Omulele) : Hon. Duale, you can move your amendment. Please proceed. Hon. Aden Duale (Garissa Township, JP)...

Hon. Aden Duale (Garissa Township, JP) On a point of order. The Temporary Deputy Chairman (Hon. Christopher Omulele) : What is out of order Hon. Duale. Hon. Aden Duale (Garissa Township, JP) Hon. Temporary Deputy Chairman. Clause 37 is not a clean-up. It is a substantive amendment and the Chair...

Hon. Aden Duale (Garissa Township, JP) This is a very important amendment. But I think a time has come that this House must bring an amendment to stop other entities which do not have the power of tax collection, whether they are called multi-agency, DCI and I do not who,...

Hon. Aden Duale (Garissa Township, JP) I am a pastoralist and this matter affects pastoralists. I support the amendment, but the problem is not even about exports. The problem is the untapped potential of skins and hides. Annually, three million cattle are slaughtered in the country. In the Kenya Kwanza...

Hon. Aden Duale (Garissa Township, JP) Hon. Temporary Deputy Chairlady, this is a very good amendment because currently, close to 90 per cent of the fuel levy goes to road maintenance and 10 per cent goes to development of new roads. This amendment is balancing so that 50 per cent...

Hon. Aden Duale (Garissa Township, JP) I am just asking about the commencement date. Maybe, the Chairlady can tell us. You have to provide the date. Otherwise, it will take 14 days.

Hon. Aden Duale (Garissa Township, JP) Hon. Temporary Deputy Chairlady, I just wanted to be sure. Thank you very much.

Hon. Aden Duale (Garissa Township, JP) Thank you, Hon. Speaker. It is a very sad moment because the Chair of the Departmental Committee on Justice and Legal Affairs, a lawyer of many years’ of experience, went through a lot of pain to answer my Statement. I really understand him because...

Hon. Aden Duale (Garissa Township, JP) Hon. Speaker, you will help me because an experienced lawyer has raised some issues. I want you to listen to me, Hon. Speaker. Article 2 of the Constitution states that: “ (1) This Constitution is the supreme law of the Republic and binds all...

Hon. Aden Duale (Garissa Township, JP) Absolutely! Article 154 of the Constitution says that there is an established Office of the Secretary to the Cabinet which is in the Public Service. Article 154 does not say “Head of Public Service.” It does not say “The President’s Private Secretary.” It does...

Hon. Aden Duale (Garissa Township, JP) On a point of order, Hon. Speaker.

Hon. Aden Duale (Garissa Township, JP) Hon. Speaker, being a friend to the President does not qualify me to carry his constitutional role of appointing a Secretary to the Cabinet. Hon. Wangwe, you are a man I respect a lot. Do not become a pedestrian. The House is discussing a...

Hon. Aden Duale (Garissa Township, JP) Hon. Speaker, Hon. Charles Kilonzo has said that because of my past, my business will never be addressed. His father has a past. I want him to define my past. His father has a history. I have not killed a Kenyan and there are...

Hon. Aden Duale (Garissa Township, JP) Thank you, Hon. Speaker. About two weeks ago, I asked for a number of Statements. I sought a detailed Statement from the Chairman of the Departmental Committee on Transport and Infrastructure on the many huge contracts that have been given to the Chinese since...

Hon. Aden Duale (Garissa Township, JP) Yes, Hon. Speaker. This is not okay. You were on the Chair when I asked the Question and you directed it to the relevant Committee. What the Leader of Majority Party has said is in total contradiction to what you have said. He is...

Hon. Aden Duale (Garissa Township, JP) As I told you, I am sure the Clerks-at-the- Table could trace it. I had more than four other Statements. The first one was to the Departmental Committee on Finance and Planning, particularly on Questions and Statements to the National Treasury on the debt...

Hon. Aden Duale (Garissa Township, JP) Yes. Wednesday next week! There are about four Statements.

Hon. Aden Duale (Garissa Township, JP) Yes, Hon. Speaker.

Hon. Aden Duale (Garissa Township, JP) In the afternoon, Hon. Speaker.

Hon. Aden Duale (Garissa Township, JP) Let us not be putting the Questions to serious Bills when we do not have the Quorum. This happened in the 10th Parliament. Hon. Millie and Hon. Mbadi were my colleagues then. The current Leader of the Majority Party was the Deputy Leader of...

Hon. Aden Duale (Garissa Township, JP) Thank you, Hon. Speaker. I have interrogated the document and I realised that the Chairperson and the Vice-Chair of the Departmental Committee on Justice and Legal Affairs were not in the House. The Leader of the Majority Party, ideally, in a presidential system, represents...

Hon. Aden Duale (Garissa Township, JP) Hon. Speaker, in fact, it is good that I have a copy. Just to respond to Hon. Nyamai, there is no route that the Leader of the Majority Party will give. The routes are provided in the Constitution and the Standing Orders. If they...

Hon. Aden Duale (Garissa Township, JP) Hon Speaker, a number of times, you have said that whether it is a Question or a Statement, a person is supposed to be summoned by the Committee. I am a Member of Parliament and I do not need permission. I will attend because...

Hon. Aden Duale (Garissa Township, JP) Thank you, Hon. Speaker. I want to ask the Leader of Majority Party to defer all the Orders where we are supposed to put the Question because we are barely 50 in number.

Hon. Aden Duale (Garissa Township, JP) Hon. Speaker, pursuant to the provisions of Standing Order No.44 (2) (c) , I rise to request for a Statement from the Chairperson of the Justice and Legal Affairs Committee regarding the appointment of the Chairperson of the Assumption to the Office of the...

Hon. Aden Duale On a point of order, Hon. Speaker.

Hon. Aden Duale (Garissa Township, JP) Hon. Speaker, let us confirm whether we have a quorum of 50 Members. I am addressing the Speaker. We do not want to pass laws without sufficient quorum. It is better that as we go to the next Order, we are at least sure...

Hon. Aden Duale (Garissa Township, JP) Thank you, Hon. Speaker. On my behalf, the people of Garissa Township and Northern Kenya, I send my condolences to the family, friends and the people of Othaya who have lost a great leader. If you allow me, let me quote a verse from...

Hon. Aden Duale (Garissa Township, JP) Thank you, Hon. Speaker. On my behalf, the people of Garissa Township and Northern Kenya, I send my condolences to the family, friends and the people of Othaya who have lost a great leader. If you allow me, let me quote a verse from...

Hon. Aden Duale (Garissa Township, JP) Thank you, Hon. Speaker. I thank you for that Communication. I would also like to thank individual Members such as Hon. Jude Njomo, Hon. Gideon Keter and many others, whose Private Members’ pieces of legislation have been assented to by the President. One of...

Hon. Aden Duale (Garissa Township, JP) Hon. Speaker, let me add my voice to what is going on this afternoon. Within the reading of Article 106 of the Constitution on Speakers and Deputy Speakers of Parliament, you have not committed any crime by being a Member of the Kenya Kwanza...

Hon. Aden Duale (Garissa Township, JP) Hon. Speaker, they do not want to listen to what I am saying. And whenever he or she sits on the Speaker’s seat – currently it is a woman – she does so to make neutral determination. Secondly and more fundamentally, I want to...

Hon. Aden Duale (Garissa Township, JP) I have not finished. You do not need to… It is the Speaker. Hon. Speaker, there is no Minority in this House since February, 2018, because they went to bed with some remnants of Jubilee – a small group of about 25 Members or...

Hon. Aden Duale (Garissa Township, JP) Is it admissible?

Hon. Aden Duale (Garissa Township, JP) You have more than enough Members.

Hon. Aden Duale (Garissa Township, JP) On a point of order, Hon. Speaker.

Hon. Aden Duale (Garissa Township, JP) Hon. Speaker, this Bill is very important. I stand under Standing Order No. 133 (2) , which allows Members to give notice of amendments 24 hours before the Committee of the whole House. When a Bill is read a Second Time and then it...

Hon. Aden Duale (Garissa Township, JP) Yes, Hon. Speaker, Hon. Sankok has a lot of respect for you, and he has withdrawn based on that. However, he must also have respect for the Standing Orders and for the dignity of the House. (Applause)Hon. Speaker, I want to humbly ask

Hon. Aden Duale (Garissa Township, JP) Hon. Speaker, I really want to thank the Vice- Chairperson. Before I even go further, this is a House of records. The document given to me by the Vice-Chairperson does not have any Government logo and the Coat of Arms. It has not been...

Hon. Aden Duale (Garissa Township, JP) Thank you, Hon. Speaker. As I support this Petition, land is a very emotive issue and more so, in the Coast Province. I want to speak to the people of the Coast. It is not about petitioning, but how you vote on 9th August....

Hon. Aden Duale (Garissa Township, JP) On a point of order, Hon. Speaker.

Hon. Aden Duale (Garissa Township, JP) No, he is not distracting me. He is discussing a serious matter with me. Hon. Speaker, I am seeking your guidance. The Minister for Finance read the budget highlights and revenue raising measures. However, Chapter 12 of the Constitution deals with matters of public...

Hon. Aden Duale (Garissa Township, JP) Hon. Speaker, you are an old Member of Parliament. I served with Hon. Kimunya in the 10th Parliament when he was the Deputy Leader of Government Business and a Minister. There is a difference in parliamentary procedure between an Ordinary Question and a Question...

Hon. Aden Duale (Garissa Township, JP) I cannot use that phrase. That is a different thing. Hon. Speaker, can you ask Hon. Sankok to use parliamentary language? He is saying they said they are wet. That is not parliamentary language. In fuel terminology, they are right to say that they...

Hon. Aden Duale (Garissa Township, JP) Hon. Speaker, the problem with Hon. Charles Kilonzo, with whom I served in the 10th Parliament, is that he wants to live in history. I was the Leader of the Majority Party. I do not deny that. Now I am a ranking Member and...

Hon. Aden Duale (Garissa Township, JP) Thank you, Hon. Speaker. I support that the publication period be reduced because this is a very dangerous Bill. The earlier it goes to the people April 12, 2022 NATIONAL ASSEMBLY DEBATES 22 Hon. Aden Duale (Garissa Township, JP)of Kenya for public participation, the...

Hon. Aden Duale (Garissa Township, JP) Hon. Speaker, pursuant to the provisions of Standing Order No.44 (2) (c) , I rise to request for a Statement from the Chairperson of the Departmental Committee on Finance and National Planning relating to the exercise of delegated authority by the Cabinet Secretary for...

Hon. Aden Duale (Garissa Township, JP) Hon. Speaker, pursuant to the provisions of Standing Order No.44 (2) (c) , I rise to request for a Statement from the Chairperson of the Departmental Committee on Finance and National Planning relating to the exercise of delegated authority by the Cabinet Secretary for...